Onuoha v. Onuoha, 2020 ONSC 1815
Order issued by Koblenz Higher Regional Court ? 13 UF 67/20
The child was born in Trier, Germany, in March 2018. In May 2018, the father acknowledged paternity of the child. In early July 2018, the family moved to Spain and from December 2018 onwards, rented an apartment in Madrid. The family registered in the Register of Residents, enrolled the child in preschool and also took […]
J.M. v. I.L., 2020 NBCA 14
The father was an American citizen and the mother a Canadian citizen. The child was born in Texas, USA, in September 2017, and has an American and Canadian passport. In February 2018 the parents agreed that the mother could travel to Canada with the child to visit her family. Over the next year the father […]
OLG Thüringen – 1 UF 11 20 – 17 March 2020
In its order dated 9 December 2019 (File No: 47 F 632/19), Jena Local Court ordered the return of the child, who was born in December 2017, to Australia. The child’s mother’s complaint (Beschwerde) appeal against this was rejected by way of a decision issued by Thuringia Higher Regional Court dated 3 March 2020 (File […]
Pohl v Pohl, 2019 ABCA 71
Habitual Residence – Art. 3 The Court of Appeal dismissed the father’s argument that the chambers judge erred by not first determining the child’s habitual residence before applying the 13(1)(b) exception. The Court of Appeal stated that in this instance, the determination of habitual residence would have not affected the outcome of the case: if […]
Monasky v Taglieri
Re P (Abduction: Child’s Objections) [2020] EWCA Civ 260
The mother and father are German nationals. They married in 2005 and had three children. The parents separated in 2012 and the children lived with the mother and had regular contact with the father. German social services became involved in 2014. Contact with the father stopped in 2015 and in 2016 he applied to the […]
BMC v BGC [2020] HKEC 372
Habitual Residence – Art. 3 Though a child can acquire ?habitual residence” within a very short time, it is really the quality of the child’s residence which is relevant. In the present case, there was no sufficient evidence that there was sufficient degree of integration by either the mother or the child in a social […]
Farsi v. Da Rocha, 2020 ONCA 92
The parents met in 2017 in Canada. The mother is a French citizen and the father a Portuguese citizen and permanent resident of Canada. They had a child in 2018, born in Toronto, where they lived together as a family until October 2018, when the child was six months old. At that time, her mother […]
K. K. J C/ P. C. .S S/ RESTITUCI?N INTERNACIONAL
Removal and Retention – Arts 3 and 12 The Supreme Court of Mendoza held that for wrongful removal or retention to exist, two elements must be present, a legal and a factual one. The first one requires that the removal or retention of the child be in violation of the sole or shared custody rights […]